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Can I sue lawyer that did not file notice of claim in time because he felt there wasn't substantial injury?

June 27, 2014

Question

Elevator drop 2 floors all,lawyers I called said hard to sue elevator companies 6months later 2 severe spinal surgeries out of work for 7 mos so far new lawyer tried to put case on calendar--was denied

Answer

No substatial injury but two back surgeries? Something's not right here. If you signed no retainer with the first lawyer - because he rejected the case- then you had no attorney-client relationship with that lawyer, so it's unlikely he can be held responsible for things that weren't done afterwards... I'm wondering why 6 months was too long - did this happen in a City-owned building? That 90 day notice of claim requirement can be a real trap for unwitting citizens. Maybe your current lawyer can make a motion to reargue/renew the denial of leave to file a late notice of claim or appeal it. Ask him about that. Good luck.

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